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Ten Commandments' Judge Tells Congress to Curb Judicial Power

Pah

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http://www.beliefnet.com/story/152/story_15264_1.html

By Mary Orndorff
Religion News Service



Washington, Sept. 14--Roy Moore, the former Alabama chief justice known for his public display of the Ten Commandments, made his case Monday (Sept. 13) for a law that would forbid federal judges from ruling on cases about government displays of religion.

Moore spoke to a House subcommittee and was backed by Reps. Spencer Bachus and Robert Aderholt, both Republicans from Alabama. It was the second congressional hearing on the subject since June, but supporters said Monday that although they've asked, no votes are scheduled.
The bill would remove the ability of people to go to federal court to challenge instances when government and religion appear to intersect in an official way.

While Moore argued that such acknowledgments are "at the very basis of the First Amendment" and should not be subject to constitutional review, two law professors urged Congress to reject the proposal as an attack on the independence of the courts.

Rep. Howard Berman, D-Calif., called it a "reactionary piece of legislation" with an ironic title. The proposed "Constitution Restoration Act" would do the opposite, Berman argued, because it "makes a mockery" of the founding principle of government that each branch keep a check on the others.

Moore, who lost his job after defying a federal court order to remove a Ten Commandments monument from the state judicial building, said he's in Washington to educate members of Congress. "I'm not here pushing a personal agenda," Moore said after his testimony Monday night. "My case is over in regards to the Ten Commandments."

He is appealing to the U.S. Supreme Court his dismissal as chief justice of the Alabama Supreme Court.

Legal experts said several similar legislative proposals have been introduced but never adopted by Congress over the years. They referred to them as "court stripping," or removing the power of the federal judiciary to decide certain types of constitutional issues.

Moore disagreed. "I'm not trying to interfere with the independence of the federal judiciary," he said. "Acknowledgment of God is just not within the jurisdiction of the federal courts.
 
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